How JustAnswer Works:

Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site.Ask follow up questions if you need to.

100% Satisfaction Guarantee

Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer, Solicitor

Category: UK Immigration Law

Satisfied Customers: 2345

Experience: I am a qualified solicitor and an expert in UK law.

66967392

Type Your UK Immigration Law Question Here...

UK_Lawyer is online now

Hi
I have a bit of a complex issue regarding my ILR application

Resolved Question:

Hi

I have a bit of a complex issue regarding my ILR application on the basis of 10 year Long Residency route.

My Tier 4 visa was expiring on 28th April 2012, and I applied for PSW post study work visa on 31st March 2012. PSW application was refused on 27th September 2012 due to UKBA not accepting ACCA qualification as equivalent to degree and is a professional qualification which is not acceptable for PSW visa, with full appeal rights given.

I made in time appeal to first tier tribunal and then after it got refused there i applied to upper tier tribunal as well and it was refused there as well. The final decision from upper tier tribunal was received on 7th June 2013. During this period all my appeals were 'in-time' and i was covered under section 3c of the immigration rules up until 7th June 2013.

Now, my 10 years legal residency completion was on 5th July 2013. I submitted my ILR application on 27th June 2013 (i.e 20 days overstay after my section 3c ended on 7th June 2013) as i am allowed to submit ILR 28 days before the the 10 year period is about to complete in 5th July 2013.

MY QUESTION WHICH IS STRESSING ME OUT IS WILL THE PERIOD COVERED UNDER SECTION 3C THAT I WAS COVERED UNDER FROM APRIL 2012 - UNTIL 7TH JUNE 2013 COVER ME LEGAL IN UK AND ALLOW ME TO QUALIFY FOR ILR ON BASIS OF 10 YEAR ROUTE?

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Requirements for long residence the home office state the following:

The applicant must meet the following requirements to be granted indefinite leave:

• The applicant must have at least 10 years lawful residence in the UK. • There must be no reason why granting leave is against the public good. • The applicant must meet the knowledge of language and life requirement. • The applicant must not fall for refusal under the general grounds for refusal. • The applicant must not be in the UK in breach of immigration laws except for any period of overstaying: o for 28 days or less, or o if the application was submitted before 9 July 2012 which will be disregarded.

In your case your leave to remain was firstly extended by paragraph 3C when your application was pending and then by paragraph 3D when your appeal was pending, your original leave to remain would have extended until you exhausted your appeal rights. Therefore you still have permission to remain in the UK as a Tier 4 student until 7th June 2013.

As you have not overstayed for more than 28 days your application for ILR should not be effected. The home office usually overlook any period of overstaying which is less than 28 days.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.

127 Solicitors are Online Now

Type Your UK Immigration Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).